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Vague Claim Construction Rules Lead to Reversals
Why can't federal trial judges figure out what patents mean? As it held en banc in Cybor Corp. v. FAS Technologies, Inc., 138 F3d 1448 (Fed. Cir. 1998), district court rulings on claim construction ' interpretations of the meaning of patent claims ' are reviewed de novo as questions of law by the U.S. Court of Appeals for the Federal Circuit. A recent study concluded that more than 40% of all claim construction rulings reviewed by the Federal Circuit in 2001 were reversed in whole or part. Andrew T. Zidel, “Patent Claim Construction in the Trial Courts: A Study Showing the Need for Clear Guidance from the Federal Circuit,” 33 Seton Hall L. Rev. 711 (2003). While other studies have reported lower numbers, this percentage is in line with a survey cited in Judge Rader's dissenting opinion in Cybor. Judge Randall R. Rader wrote then that a “reversal rate, hovering near 50%, is the worst possible. Even a rate that was much higher would provide greater certainty.”
Claim construction isn't easy ' particularly for a non-scientist ' and trial judges will never accumulate the patent law experience of judges on the Federal Circuit. Beyond these issues, however, are the Federal Circuit's rules of claim construction too confusing? Does the Federal Circuit tinker too much with lower court rulings, like a senior lawyer who rewrites everything he receives from an associate?
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.